Flashcards in Family Violence Deck (20):
Define a domestic relationship
Persons living together (ie. Flatmate)
A family member
Someone who shares a close personal relationship
Who can apply for a protection order?
A person who was or is in a domestic relationship
A representative of a child or disabled person
A 3rd party on behalf of victim
What does application without notice mean?
The application can be made without the respondent knowing / present
What are the standard conditions on a po?
What are the 4 property orders?
Occupation order (the right to exclusively occupy a dwelling house)
Ancillary furniture order (the right to exclusively occupy any furniture/household appliances)
Furniture order (if they haven't applied for tenancy or occupation)
When can you arrest with a po?
If you have good cause to suspect a person has breached a protection order SECTION 50
SECTION 50(a) contravened the protection order or
SECTION 50(b) failed to comply with any condition of the protection order
What are the four options available when dealing with a domestic incident?
No further action
Who does a PSO protect and who is it against?
Person at risk plus their children against a bound person
What is purpose of a PSO and who can serve it?
To protect victim
A constable can issue it
What must you explain to both parties when issuing a PSO?
Purpose of order
Effect of order
Duration of order
Consequences of contravening order
Conditions of PSO?
Must not abuse victim or property
Must not threaten to abuse victim or property
Must not encourage any other person to abuse victim or harass
Must not watch, loiter or follow person at risk
Are there any powers of arrest?
You can't arrest for breaching PSO. You can take them into custody and bring before the court within 4 hours.
If you are intending to issue a PSO, what can you do to the person for no more than 2 hours?
You can detain them under section 124.
If a person fails to remain when you detain them, what can you do?
Arrest them for failing to remain
What happens if a PSO is not served to the respondent within 48 hours?
The order lapses
When dealing with a PSO, what alerts need to be put in NIA?
Wanted for service of a PSO
PSO breached and person bound wanted/not present
PSO breached and person bound taken into custody
PSO issued on direction of court
Do police need consent of a person at risk to issue a PSO?
When a person breaches a PSO and is brought before the court, what are the three options that the court has for dealing with the breach?
Release the bound person with no further action
Direct the police to issue another PSO to be served on the bound person asap.
Issue a temporary protection order
For a PO, how long does the respondent have to hand over all weapons?
Do it as soon as practicable or within 24hours